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Wednesday, 3 October 2023

Common land and village greens

Your council as a Commons Registration Authority is responsible for maintaining the Registers of Common Land and Village Greens.

What it includes

This includes updating the registers when ownership of common rights change, or where rights are apportioned. Your council will amend the registers when they are notified by the Land Registry of changes in ownership of land and will amend the registers in some instances to show changes in address. The council is also responsible for registering 'new' village greens.

This register is a statutory document and shows all such registered land in your area. Each area of common land and town or village green is listed in the registers under a unique 'unit number'.

Each unit number in the register is divided in three sections showing details of:

  • land - this includes a description of the land, who registered it and when the registration became finally registered (there are also related plans which show the boundaries of the land)
  • rights - this includes a description of the rights of common (eg the right to graze 100 sheep), over which area of the common they are exercisable, the name (if known) of the person (the 'commoner') who holds those rights, and whether the rights arise by virtue of a separate land ownership by the commoner (ie they 'attach' to their land)
  • ownership - this includes details (if known) of owners of common land, but entries in this section of the registers are not held to be conclusive

The registers are available for public inspection free of charge. You can make an appointment to view the registers by contacting your council.

Your council will also carry out official searches of the registers and provide certificates. Normally, a search is carried out when a property is being bought or sold.

What is common land?

Common land is land, usually in private ownership, that has rights of common over it. The main features of common land are that it is generally open, unfenced and remote - particularly in the upland areas of England and Wales. However, there are some lowland areas of common, particularly in the south-east of England, that are important for recreational uses.

Currently, the general public have no rights to go onto common land unless the land is an urban common, or is crossed by public rights of way (and they follow the line of the right of way). However, the government's legislation in the Countryside and Rights of Way Act 2000 to permit public access to open countryside may now also include access to common land.

The Countryside Agency have published maps showing the land (including commons) to which the public have access in this locality.

Rights of common can include:

  • grazing sheep or cattle (herbage)
  • taking peat or turf (turbary)
  • taking wood, gorse or furze (estovers)
  • taking of fish (piscary)
  • eating of acorns or beechmast by pigs (pannage)

The people who are able to exercise the rights listed above are generally known as 'commoners'.

Common land and rights are a very ancient institution - even older than Parliament itself. They are part of the fabric of life in England and Wales and have their origins in the manorial system. Follow the link below to find out how the Commons Act 2006 affects common land.

What is a Town or Village Green?

Town or village greens share a similar history to common land. However, they are defined separately for the purposes of the Commons Registration Act 1965.

Village greens are usually areas of land within defined settlements or geographical areas which local inhabitants can go onto for the exercise of lawful sports and pastimes. Typically, these might include organised or ad-hoc games, picnics, fetes and other similar activities.

Whilst land forming town or village greens may be privately owned, many greens are owned and maintained by local parish or community councils. Some greens may also have rights of common (ie grazing of livestock) over them.

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